Unpublished Disposition, 852 F.2d 1290 (9th Cir. 1988)

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US Court of Appeals for the Ninth Circuit - 852 F.2d 1290 (9th Cir. 1988)

Jay L. SELLARS and/or those similarly situated, Plaintiff-Appellant,v.Fred KASEBURG; Stephen Kirkland; Rainier National Bank;Betty Taylor Howard, Defendants-Appellees.

No. 86-4161.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 1988.* Decided July 19, 1988.

Before POOLE, CANBY and LEAVY, Circuit Judges.


Jay L. Sellers appeals pro se the district court's grant of summary judgment in favor of defendants Ranier National Bank and Stephen Kirkland. We affirm.

Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See T.W. Elec. Serv. Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 629 (9th Cir. 1987). The mere existence of some disagreement about a material issue of fact does not preclude the grant of summary judgment. See Cal. Arch. Bldg. Prod. v. Franciscan Ceramics, 818 F.2d 1466, 1468 (9th Cir. 1987), cert. denied, 108 S. Ct. 698 (1988). A non-moving party may not rest upon mere allegations or denials, but must present significant probative evidence from which a jury might return a verdict in his favor to defeat a properly supported motion for summary judgment. Fed. R. Civ. P. 56(e); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). Indeed, where the factual context renders the non-moving party's claim implausible, that party must come forward with more persuasive evidence than would otherwise be necessary to show that there is a genuine issue of fact for trial. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

Although we view the evidence in the light most favorable to Sellers, there is simply no evidence on the record from which a reasonable person might draw an inference of a conspiracy to deny Sellers his constitutional rights. The only competent evidence shows that Sellers withdrew money from a bank account to which he was not a signatory; the actual owner of the account subsequently obtained the money from Sellers. Sellers directs us to no facts supporting his allegations that officials of Ranier National Bank made false statements about any of the accounts at issue in this case or to support his charge that Detective Kirkland improperly determined that no chargeable offense had been committed under Washington law. Because Sellers has failed to demonstrate that there exist any genuine issues of fact for trial, the district court's grant of summary judgment is AFFIRMED.


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3